People v. Hoskins

560 N.E.2d 1004, 203 Ill. App. 3d 45, 148 Ill. Dec. 407, 1990 Ill. App. LEXIS 1374
CourtAppellate Court of Illinois
DecidedSeptember 7, 1990
Docket1-89-0050, 1-89-0158
StatusPublished
Cited by5 cases

This text of 560 N.E.2d 1004 (People v. Hoskins) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hoskins, 560 N.E.2d 1004, 203 Ill. App. 3d 45, 148 Ill. Dec. 407, 1990 Ill. App. LEXIS 1374 (Ill. Ct. App. 1990).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Following a bench trial, defendants, Eric Hoskins and Gary McWilliams, each were found guilty of two counts of aggravated criminal sexual assault. Hoskins was sentenced to 25 years’ imprisonment, and McWilliams was sentenced to eight years’ imprisonment. In their consolidated appeal, defendants contend that they were not proved guilty beyond a reasonable doubt of aggravated criminal sexual assault because complainant consented to sexual intercourse with them. Additionally, McWilliams contends that the trial court improperly used an accountability theory to find him guilty of the aggravated criminal sexual assault committed by Hoskins, as charged in count VII of the indictment. Similarly, Hoskins contends that the trial court improperly held him accountable for the acts of aggravated criminal sexual assault committed by McWilliams, as charged in count I of the indictment.

The pertinent facts are as follows. Complainant testified that on October 30, 1987, she was with her two children, her friend, Geneva, and Geneva’s two children. At approximately 11:45 p.m., complainant dropped her children off at her house and she, Geneva, and Geneva’s children proceeded to Geneva’s house. Complainant waited outside while Geneva put her children to bed.

While complainant was waiting, a man approached and asked her for a match. She replied that she did not have one. Complainant did not know the man prior to that evening. It later was determined that his name was Briscoll. (Briscoll is not involved in this appeal.) Complainant believed Briscoll had walked away, but he came around her, grabbed her arm, covered her mouth, and pulled her into a building on the corner of 76th and Union Streets. Briscoll pulled complainant through the front door and down into the basement. Complainant screamed as he did so.

Briscoll pulled her into a bedroom and began to hit her. He ordered her to take her clothes off, and when she refused to do so, he hit her and pulled her hair. Complainant took her clothes off, but Briscoll continued to hit her. Briscoll pulled complainant onto the bed and forced her to perform oral copulation. Complainant was crying.

At this point, Hoskins entered the room. Hoskins took his clothes off and slapped complainant down onto the bed. He hit her on the face and put his penis into her mouth. Hoskins then forced complainant to have vaginal intercourse with him. Complainant screamed and cried during this time. Hoskins and Briscoll told her to shut up. When she failed to do so, both men beat her with a belt. They struck her on her back, her arms and her legs. They gagged her with a scarf and tied her hands behind her back with socks. Throughout this time, Hoskins and Briscoll were getting high and drinking beer. They poured beer over complainant’s head and blew cocaine smoke into her face.

McWilliams entered the room and asked Briscoll and Hoskins what they had. Briscoll asked McWilliams if he “want[ed] some.” McWilliams threw the complainant onto the bed and hit her. He then forced her to have vaginal intercourse. Complainant stated that she begged him to stop and to help her.

After this episode, she was allowed to put on a shirt. Hoskins and Briscoll took her upstairs to the front room. There were five men present in the room, McWilliams, Hoskins, Briscoll, Black and Jones. Briscoll hit complainant again, and forced her to perform oral copulation. The four other men watched and laughed. When Briscoll finished, Hoskins took complainant to a downstairs bedroom. Briscoll entered the room, pulled the complainant into the hallway and again forced her to perform oral copulation.

McWilliams came downstairs. Complainant testified that he pulled her head back, stood her up and opened the door to a room. Complainant told him that she would not enter the room, but Briscoll forced her to do so. McWilliams pushed her down onto the bed and told her to lie down. McWilliams got on top of complainant and forced her to have vaginal intercourse. While he was doing so, Briscoll again forced her to perform oral copulation. McWilliams then left the room.

In the back bedroom the following morning, Briscoll forced complainant to perform oral copulation. Complainant then was allowed to dress, and Briscoll took her to Hoskins’ room. Hoskins held complainant in his room while Briscoll escaped. Hoskins held complainant for approximately 30 minutes and then released her. Complainant stated that after her release, she walked to her home. She immediately told her fiance, William Rutledge, and he so testified, that she had been raped and told him where it occurred. Rutledge helped her to the bathtub. When she got into the tub, she and Rutledge noticed bruises all over her shoulders, back and legs. Rutledge also noted that complainant’s face was swollen on the left side.

Officer Elijah Harris testified that on October 31, 1987, he was sent to her home to speak to complainant. She was upset and crying. She informed him that she had been raped by three men at 76th and Union Streets. Harris called for additional officers. The officers proceeded to the building with complainant. As they approached the building, two men came across the street. Complainant identified one as McWilliams. McWilliams and Cornelius Black, a resident of the building, were taken into custody.

Detective Martin Tully testified that he took part in the investigation at 746 W. 77th Street. After speaking to other officers, complainant, and Rutledge, Tully proceeded to 7658 South Union Street. He found Hoskins hiding in the storage area in the basement under a pile of debris. Hoskins was placed under arrest. Tully remained in the house with complainant after the arrests took place. He walked through the house with complainant as she described what happened in the various areas of the house. Tully recovered a black leather belt with a silver buckle from one of the bedrooms.

Complainant was taken to the emergency room at Little Company of Mary Hospital. Patricia Lee, a staff nurse, testified that she examined the victim. The complainant informed Lee that she had been assaulted both vaginally and orally by three assailants from midnight of October 30 until noon on October 31. When complainant disrobed, Lee observed that complainant had bruises on her left upper arm, left shoulder blade, and right thigh. Lee noted no bruises, abrasions or cuts about complainant’s facial area. Lee was present as a physician took vaginal and oral specimens for a Vitullo kit.

The parties stipulated that if Christine Anderson, a Chicago police department serology expert, were called to testify she would state that she tested vaginal smears and swabs from the Vitullo kit taken at the hospital. The smear specimen marked vaginal tested positive for spermatozoa. The smear and swab marked oral tested negative for spermatozoa or sperm.

Cornelius Black testified for the defense that he lived at 7658 Union with Hoskins, Jones, McWilliams and Woods. On the day of the incident, he was in the upstairs area of the house. He testified that he saw Briscoll upstairs with a young lady. She was sitting on the end of the sofa. She was whimpering and quite likely was crying. Later, the girl was offered to Black for sex. At this time, she did not have clothes on and she was whimpering.

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Related

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652 N.E.2d 1068 (Appellate Court of Illinois, 1995)
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611 N.E.2d 1027 (Appellate Court of Illinois, 1992)
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586 N.E.2d 469 (Appellate Court of Illinois, 1991)

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Bluebook (online)
560 N.E.2d 1004, 203 Ill. App. 3d 45, 148 Ill. Dec. 407, 1990 Ill. App. LEXIS 1374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hoskins-illappct-1990.